Near end of contract

[magster]

Could somebody give me some advice please it would be greatly appreciated. Apologies for all the questions I am new to this but luckily learning alot.

I recently wrote a post

"I have tenants in a property they are meant to be leaving in May as they have a years contract. To be honest they haven't been great tenants always paying late but could have been worse. They have told me they can't afford the rent any more and have found another property and would like to move out in March. I am happy for this and don't mind the remaining rent not being paid. Is it okay to do this? If it is how do I go about doing it. Do they need to write a letter or?"

Unfortunately I have tried to contact them a couple of times with no reply. They are still paying bits like they have been through the contract. I don't think they want to leave now until the contract is actually up up in May, instead of contacting me saying this I think they are just ignoring me thinking they can stay. Which to be honest I don't know why because legally I can't do anything anyway if they want to stay now lol

What I would like to know is when do I need to Issue a section 21. The end day of the year contract is May 20th. I know you have to give them 2 months notice so for example could I send it on March 19th so it gets sent to their address on March 20th then the date they should leave is May 20th. Or have I got that completely wrong? I think I understand it will be a fixed notice as it's going to be issued before the contract is up. Also if I have got it right does it mean legally they have to leave?

Thanks for any help it really is appreciated.

[Carryon Regardless]

Be careful with the wording of your S21, it will usually state the the notice expires "after" (in your case May 19th). A savings clause is a good idea in case a judge wishes to use his discretion should your date be challenged.

The S21 needs to be served for that date. Allow 3 clear days for postage and send recorded despatch (not to be signed for). Unless you propose to deliver by hand. Proof of service is important for court so consider how this shall be demonstrated, hence proof of despatch. Often those with experience will use 2 methods of delivery.

Send any time before say the 13th March if by post allowing for 3 days and w/e.

Sounds easy da ?? But they don't have to leave until you first get the court order (perhaps a 6 week wait from repossession application), Wait for the court notice to expire (usually 14 days). Then appoint the court bailiff to smash your door down and drag 'em into the street screaming you horrible, horrible person (that last bits rather unusual and me being very horrible would do it with satisfaction).

You pay for all this and hope to recover costs. If you get any rents after the S21 your doing well.

I'm glad you appreciate my help and your welcome.